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2026 DAILYLAW 48029 (KAR)

SRI BASAVANNA DEVASTHANA SEVA SAMITI (R) v. STATE OF KARNATAKA

WP/16311/2025 · 2026-01-27

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4392 WP No. 16311 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.16311 OF 2025 (LB-RES) BETWEEN: SRI. BASAVANNA DEVASTHANA SEVA SAMITI (R) REGISTERED UNDER KARNATAKA SOCIETY REGISTRATION ACT, NAGARABAVI VILLAGE, HARANAHALLI POST, SHIVAMOGGA TALUK AND DISTRICT, REPRESENTED BY AUTHORISED LETTER SRI CHANDRAMOULESHWARA SHIVACHARYA SWAMIGALU, AGED ABOUT 58 YEARS, SRI RAMALINGESHWARA MUTT, HARANAHALLI, SHIVAMOGGA TALUK AND DISTRICT – 577 416. …PETITIONER (BY SRI. H.R. VISHWANATH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU 560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA 577201. 3. THE DIRECTOR (DEVELOPMENT) O/O. KARNATAKA PANCHAYATH Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4392 WP No. 16311 of 2025 RAJ COMMISSION, KALIDASA ROAD, GANDHINAGAR, BENGALURU - 560 009. 4. THE CHIEF EXECUTIVE OFFICER, SHIVAMOGGA ZILLA PANCHAYATH, SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 201 5. THE EXECUTIVE OFFICER, SHIVAMOGGA TALUK PANCHAYATH, SHIVAMOGGA- 577201. 6. THE PANCHAYATH DEVELOPMENT OFFICER, HARANAHALLI GRAM PANCHAYATH, HARANAHALLI, SHIVAMOGGA TALUK AND DISTRICT – 577 201. 7. THE MANAGING DIRECTOR, RAJIVGANDHI HOUSING CORPORATION LIMITED CAUVERY BHAVAN, 9TH FLOOR, C AND F BLOCK, K.G. ROAD, BENGALURU 560 009. 8. THE ASSISTANT DIRECTOR, DEPARTMENT OF ARCHAEOLOGY MUSEUMS AND HERITAGE, SHIVAPPA NAYAKA PALACE FORT ROAD, SHIVAMOGGA – 577 202 …RESPONDENTS (BY SMT. SPOORTH.V, HCGP FOR R1 TO R3; SRI.A.NAGARAJAPPA FOR R4 TO R6; SMT. SUMANA BALIGA, ADVOCATE FOR R7; SRI. MANOHAR DESHPANDE, ADVOCATE FOR R8) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NO.4 TO 6 TO CONSIDER THE LEGAL NOTICE - 3 - HC-KAR NC: 2026:KHC:4392 WP No. 16311 of 2025 DTD-19.07.2024 VIDE ANNEXURE-N AND RESERVE THE LANDS IN THE NAME OF SRI BASAVANNA DEVARU TEMPLE, NAGARABHAVI, SHIVAMOGGA TALUK AND DISTRICT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs. i. Issue a writ in the nature of mandamus, directing the Respondents No.4 to 6 to consider the Legal Notice dtd: 19.07.2024 vide Annexure-N and reserve the lands in the name of Sri Basavanna Devaru Temple, Nagarabhavi, Shivamogga Taluk & District. ii. Pass such any other order/s or direct/s that are deemed under the above circumstances, in the interest of justice and equity. 2. The grievance of the petitioner is that the land measuring 2 acres 23 guntas of Survey No.28 of Nagarabavi Village, Haranahalli Hobli, has been used for the establishment of Sri Basavanna Devaru, which temple has been running for time immemorial. A representation had been submitted by the petitioner vide a legal notice dated 19.07.2024 at - 4 - HC-KAR NC: 2026:KHC:4392 WP No. 16311 of 2025 Annexure-N to reserve the lands for the use of the temple and not to allot the same to any other person. The petitioner is before this Court contending that the said representation has not been considered and no orders have been passed. 3. Whenever any representation is submitted to an Authority either by way of a letter or by way of a legal notice, the same is required to be considered by the said Authority and necessary orders has to be passed either accepting or rejecting the representation. Needless to say, in either case, it would have to be accompanied by reasons. 4. In the present case, no order has been passed. The representation has not been considered from 19.07.2024. Hence, I pass the following ORDER (i) The writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:4392 WP No. 16311 of 2025 (ii) A writ of mandamus is issued directing respondent Nos.4 to 6 to consider the legal notice dated 19.07.2024 at Annexure-N and pass necessary orders in accordance with law within a period of 30 days from the date of receipt of copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner or otherwise. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 27